MANAGEMENT CHURCH OF SOUTH INDIA Vs. EDITH PETER

JUDGEMENT

(1.) THE Management, Church of South India, Nagercoil, has filed this writ petition seeking for the issue of a Writ of Certiorari to call for the records relating to the impugned Award passed by the Additional Labour Judge, Madurai District, the second respondent herein in I. D. No. 347 of 1983 dated October 28, 1991 directing the Management to reinstate Smt. Edith Peter, the first respondent herein with back wages and continuity of service and quash the same.

(2.) THE short facts are as follows:

(3.) MR. Balaraman, the learned counsel appearing for the petitioner would at length submit that the Management is justified in terminating the service of the first respondent even without any enquiry, since she was in a probation period and that in any event, the Labour Court has no jurisdiction to entertain the claim of the first respondent-employee as an industrial dispute, as the first respondent having supervisory capacity to control over the entire staff working under her cannot be considered to be a workman as defined in Section 2 (s) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ).